# section (3) was added to Section 206 to provide that the State Government may specially empower a Magistrate to exercise the powers conferred by subsection (1) in relation to any offence which is…

- **Citation:** C.L. No. 24/2010/Admin
- **Court:** Allahabad High Court
- **Decided:** 1984-09-24
- **Case number:** C.L. No. 24/2010/Admin
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/section-3-was-added-to-section-206-to-provide-that-the-state-government-may-163497
- **Pages:** 3

## Headnote

section (3) was added to Section 206 to provide that the State Government may specially empower a Magistrate to exercise the powers conferred by subsection (1) in relation to any offence which is compoundable u/s 320 and to other offences punishable with imprisonment for a term not exceeding 3 months, where a Magistrate is of opinion that imposition of only fine would meet the ends of justice. iii)

## Text

301
I am, therefore, directed to request you to kindly issue necessary instructions to
all the concerned in your Judgeship to ensure payment of traveling allowances and diet
money to the witnesses timely so as to enable them to succour the courts with their
testimony for reaching judicial findings.
I am also to add to kindly ensure strict compliance of above directions of the
Court.
Reg. Insurance of identity of witnesses produced by the prosecution in support of its
case
C.L. No. 24/2010/Admin. ̳G-II' Dated 23.08.2010

I am directed to say that all the judicial officers within the State to make all
possible efforts before recording statement of the prosecution witnesses, to ensure that
witnesses produced by the prosecution in support of its case, are the actual witnesses and
no impostor or fraudulent person is produced by the prosecution knowingly or
unknowingly. If such a case is detected, the matter be immediately reported to the
appropriate authority with recommendation of taking stern action in the matter.

The above instructions may kindly be brought to the notice of all the Magistrates
and Sessions Judges under your administrative control for guidance and strict
compliance.
32.
EXPEDITIOUS DISPOSAL
 (i)
Procedural changes
C.L. No. 66/VIIb-2 dated 24th September, 1984

Henceforth all the provisions of the Code of Criminal Procedure, 1973, relating to
the early disposal of criminal cases should be exercised keeping in view the main
changes made in the Cr.P.C. 1973, for reducing the arrears and expediting the trial of
criminal cases. The District Judges should send a yearly statement to the State
Government showing the progress in the disposal of criminal cases under intimation to
the Court.
Main changes
(1)
Powers of revision against interlocutory orders have been taken away. This had
accounted for a large number of cases of delays. (Section 397(2)
(2)
The provision of compulsory stay of proceedings on the intimation of transfer
petitions has been deleted. (Section 407 and 408)
(3)
Committal proceedings in Sessions cases have been abolished. (Section 209)
(4)
Limits have been prescribed for the duration of security proceedings. If a person
has been kept in custody pending these proceedings for six months, the
proceedings shall stand terminated. In other cases where the proceedings are not
concluded within six months, the proceeding will ordinarily terminate but the
court may in special cases continue the same. (Section 116)
(5)
Offences punishable up to 2 years will be summons cases with a simplified
procedure (as against six months under the old code. [Section 2(iv) and (x)].
302
(6)
The scope for the summary trial of cases has been enlarged considerably. (Section
260)
(7)
The procedure in summary trial has been simplified further. (Section 262-265)
(8)
Summons to witnesses can be served by post. (Section 69)
(9)
In petty cases, accused can plead guilty by post, by sending the amount of fine to
the court. (Section 206)
(10)
Oral examination of formal witnesses has been dispensed with. (Section 296)
(11)
Trial can be held in the absence of the accused if he is recalcitrant. (Section 317)
(12)
Provision has been made for appointment of Special Magistrates from retired or
serving officers to deal with petty cases etc. (Section 13 and 18)
(13)
The system of Metropolitan Magistrates has been made available to cities of
population of more than a million. (Section 8 and 16)
(14)
Periods of limitation have been provided for offences punishable with
imprisonment for not more than three years. (Section 468)
Changes made in Cr.P.C. after 1973 by the amendment in 1978

The provisions incorporated in the Code of Criminal Procedure (Amendment)
Act, 1978, with a view to reduce the delays/speedy disposal of cases are indicated below-
i)
A proviso was added to sub-section (1) of Section 11 Cr.P.C. to establish special
courts of Judicial Magistrates having jurisdiction throughout any local area and to
confer on such courts exclusive jurisdiction to try any particular cases or
particular class of cases.
ii)
Sub-section (3) was added to Section 206 to provide that the State Government
may specially empower a Magistrate to exercise the powers conferred by subsection (1) in relation to any offence which is compoundable u/s 320 and to other
offences punishable with imprisonment for a term not exceeding 3 months, where
a Magistrate is of opinion that imposition of only fine would meet the ends of
justice.
iii)
A third proviso was added in sub-section (2) of section 309 to provide that no
adjournment shall be granted for the purpose of enabling the accused to show
cause against the sentence proposed to be imposed upon him.
iv)
Section 326 providing that a de novo trial is not obligatory when there is a change
of Magistrate was amended to extend the scope of the section to the Court of
Session also to expedite trial of cases.
Report by the Court concerned against the defaulting investigating officer to Higher
Authorities
C. L. No. 52/2007Admin (G): Dated: 13.12.2007

The Hon'ble Court has noticed that the delay takes place in submission of Police
Report before the Magistrate on account of various reasons such as the investigating
officer being biased in favour of accused, investigation officer being transferred from one
police officer to another on account of their transfer. Such delay at times results in the
accused getting undue advantage of being set at liberty due to non filing of Police report
303
within the time stipulated u/s 167 (2)(b)Cr.P.C. .The Hon'ble Court has been pleased to
recommend that all the criminal courts shall write to S.P./S.S.P. Concerned for necessary
action against an investigating officer if he is found to be wanting in discharge of his
duties deliberately in submitting the Police report within time as per mandate u/s.
167(2)(C) of Cr. P. C.
Therefore, I am directed to request you to kindly bring the contents of this Circular
Letter to the notice of all the Judicial Officers working under your administrative control
and to impress upon them to ensure compliance of the above directions of Hon'ble Court
in letter and spirit.
 (ii)
Classification and disposal of criminal cases
C.L. No. 23/VIII-b-249 dated 3rd February, 1975

For early disposal of criminal cases, Judicial Magistrates should classify all
criminal cases in various groups. Criminal cases of similar nature should be classified in
one group, i.e., petty and minor cases be classified in one group and be disposed of by
Magistrates under Section 206 of Cr.P.C. 1973.
 (iii)
Under trials
C.L. No. 17/VI-b-3 dated 27th February, 1973
C.L. 114/VII-b-3 dated 5th September, 1975

All possible efforts should be made to expedite disposal of trial of under trials in
jail so that the period spent by an under - trial in jail may be reduced to the minimum.
C.L. No. 28/VIIIh-13 dated 7th March, 1979

All the Magistrates and Sessions Judges should adopt all possible measures to
expedite the disposal of cases of under trials.
C.L. No. 90/VIIIg-38 Admn. G. dated 1st December, 1980

The District Judges should make all out efforts in disposal of cases of under trial
prisoners confined in jails for over six months, especially old cases, expeditiously.
C.L. No. 59/VIII-g-38/Admn.(G) dated 16th September, 1981

To ensure the disposal of cases of under trial prisoners within the time stipulated
in the order of Supreme Court dated 30-4-1979 passed in the case of Nimeon Sangama
and others versus Home Secretary, Government of Meghalaya and others AIR 1979 S.C.
1518 following steps should be taken:-
(a)
The criminal courts shall get a periodical list of under trial prisoners pertaining to
their courts prepared fortnightly and except in cases of murder and dacoity may
pass orders releasing the under trial prisoners who may be in jail for over six
months on bail or personal bonds as the circumstances may require in conformity
with the directions of the Supreme Court in its order dated 30.4.1979 mentioned
above.
(b)
The Chief Judicial Magistrate or the Additional Chief Judicial Magistrate should
bring to the notice of each court the cases of under trials over six months old
pertaining to the respective courts after his jail inspection to enable the respective